Contract: The client‟s approval for work to commence shall be deemed a contractual agreement between the Client and Greatwebdev. The approval for the work can be through either an email confirming back the quote (with the quote document attached) or the quote document signed by the client.
Whereas, Greatwebdev is in the business of providing Consultancy and allied Services on Computer based Information Technology, to its clientele, including any affiliates, subsidiaries, divisions of Greatwebdev clients and customers (hereinafter referred to as "Customers") and Greatwebdev is in the business of producing Softwares, Designs, Software Planning Documents/Diagrams and Creative works for its Customers – whether copyrightable/patentable or not (hereinafter referred to as “Product” or “Products”)
Now THEREFORE, in consideration of mutual promises, covenants and conditions set forth herein, The Parties hereto agree to the terms mentioned in this agreement/proposal.
Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.
Usage of Greatwebdev Services/Products/Solutions: Client agrees not to use the Greatwebdev services/products delivered for any business which is harmful to the society or children or is illegal. Further the Client is fully responsible for all and any content published/distributed or allowed to be published/distributed through the Client‟s website whether hosted on servers owned/maintained by Greatwebdev or by the Client himself. Client shall execute best possible precautionary and security measures to restrict any illegitimate use of the services/solutions precured from Greatwebdev.
1 Year Free Technical Support: Greatwebdev provides 1 year free technical support for following kind of issues:
Above support is not available if the errors/bugs arise due to any external entity. Examples:
Above support is not available for following kind of instances, unless otherwise specifically covered in the scope of project and/or deliverables:
Exclusion: Unless otherwise agreed explicitly, this 1 year Free Technical Support is not available for following kinds of engagement/association with Greatwebdev:
Photography and graphics: Both the parties agree to abide by the following terms:
Browser compatibility: Greatwebdev makes every effort to design pages that work flawlessly on most popular current browsers i.e. latest version of IE/FireFox/Chrome released on the date of project agreement. However, Greatwebdev cannot be held responsible for pages that do not display acceptably in newer versions of browsers released after pages have been designed. IE11 and older IE versions are outdated browsers and hence we don‟t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer. Greatwebdev can work on improving UI/UX for older versions of Internet Explorer for an additional charge.
Search Engine Submission: Following services are not part of the project unless agreed otherwise in writing:
Site maintenance: Unless otherwise agreed in writing, following services will be separately billed after the website has been made live:
Content: After Greatwebdev has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by Greatwebdev team while uploading/posting the content/information/images on client‟s website, Greatwebdev will correct it if reported to Greatwebdev representatives.
Material: All material supplied by the client shall remain client‟s property. Greatwebdev rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall Greatwebdev be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.
Domain names booked by Greatwebdev on behalf of client:Greatwebdev provides domain name consultancy if required. Domain names registered by Greatwebdev on the client‟s behalf are property of Greatwebdev until client has paid for the domain booked and any fee involved.
Greatwebdev agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled.
Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains that are booked by Greatwebdev upon the request of client.
Travel Time and Expenses:Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.
3rd Party Add-ons/services/applications:All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to Greatwebdev before a formal application for registration is made. Examples of 3rd party fees are as under:
Examples of work: Unless negotiated otherwise, Greatwebdev retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.
Quotations: The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then Greatwebdev will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.
Mode of Payment
Cancellation:: Both the parties reserve the right to cancel the project at any stage.
Penalties applicable on Greatwebdev:Greatwebdev agrees to finish the project as per the detailed project scope agreed to, within the agreed timeline. If there is the delay in finishing the project, Greatwebdevc agrees to the penalty of X % of the original project price for each week delay in submitting the Project for the final review to the client. If the Greatwebdev delays the project submission for client‟s final review by more than 8 weeks, then Client can request for cancellation of the project and seek the full refund, however, the refund amount shall not exceed the originally agreed project price (excluding the Amount Charged for additional requirements and change requests). Amount charged for additional requirements/change requests shall not be refunded.
X% = 50/Project Duration Weeks (Calendar Weeks); X% should not exceed 4% unless otherwise explicitly agreed to.
Penalty Amount/Refund applicable shall be adjusted against/out of the pending amount owed by the client towards Greatwebdev and any remaining amount shall be refunded to the client via wire transfer or PayPal or any other mode of payment as per mutual agreement.
Once full refund has been issued, the project shall be marked cancelled and Greatwebdev shall be relieved from all liabilities towards the client and client shall not make any claims, objections, demands from Greatwebdev for any loss or damages incurred at his/her end due to the delay. Greatwebdev shall own all rights on the work done, designs, scripts, documents, other outputs and elements created for the project and client shall not use any of the work, scripts, designs, documents already delivered. Client shall be liable to pay full project price in case Client uses or copies any piece of the work, design, script, elements and documents produced by Greatwebdev for the project.
Responsibilities applicable on Client:Client should provide all comments, feedbacks, suggestions about the project scope during the Detailed Project Scope Documentation phase; Subsequently any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes which are accepted by Greatwebdev without additional charge, timeline should extend by the number of days required to implement those additional non-billable items.
Delayed Response From Client Side:Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Greatwebdev from meeting the timelines mentioned in the quote.
In case client does not provide required details/data/information for more than 5 working days, client authorizes Greatwebdev to forfeit the payments made towards this project.
In case, during the project duration, the client does not maintain communication with Greatwebdev for more than 10 calendar days, client agrees that the project/services shall be deemed as received and accepted by the client, and the client further authorizes Greatwebdev to mark the project completed and invoice the client for remaining uninvoiced amount as per the total project price agreed.
However, Client can instruct Greatwebdev to put project on hold provided:
Escalation: Greatwebdev ensures you get right assistance to resolve issues in a timely manner. If your concerns are not entertained to your satisfaction, you can escalate critical issues to higher level of management. You may follow the below-mentioned escalation matrix to avoid any delay or discomfort in the event of dissatisfaction.
First Level Escalation: In case of delay in project timelines or unsatisfactory response from your associated Project Manager/Business Analyst, You may escalate your case to Greatwebdev CEO (firstname.lastname@example.org) and expect a response within next 3 working days.
Final Escalation: If you don‟t receive a satisfactory solution from any of the team members following the first level of escalation, or haven't received a reply within 5 business days after submitting your Feedback/Query/Complaint, you may escalate your case to our Chief Sales Officer Mr. Rohit (email@example.com). Rest assured that immediate action will be taken.
Time Estimates: Client agrees that stipulated timelines cannot be met if the project scope is changed by client once the project scope document is finalized. Client agrees not to change the requirements without extending the original agreed timelines by minimum 1 week against each change request.
Share in profits from business or sale of business:After client makes the agreed payment for the project, Greatwebdev will not claim share in client‟s profits from business or from sale of business to some other company.
Copyright/Ownership Rights:Greatwebdev will retain the copyright of any material, including design, artwork and the source code, created for the client by Greatwebdevc. Greatwebdev reserves the right to retain the copyright on all material created by Greatwebdev unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items:
Ownership of Code and Intellectual Property Rights:Unless otherwise agreed, Greatwebdev is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
Following terms shall be applicable and obliged:
In the event that Client breaches any of terms specified in this clause, Client hereby authorizes any court of competent jurisdiction in India or Abroad to pass the judgment against the Client for and in the amount of USD 100,000 (USD Dollar One Hundred Thousand) for each default, as provided in the afore mentioned paragraphs, together with costs of suit and the cost of attorney incurred by Greatwebdev for recovery of above compensation/damages from Client. These damages/compensation allowed shall be considered as interim relief to Greatwebdev and Greatwebdev shall have the liberty to claim higher amount as compensation for the direct/indirect damages and Employer may pursue criminal proceedings as well Termination of the agreement: If either party terminates this Agreement for any reason, the parties will continue to perform all of their respective obligations under this Agreement
Notes: In no event, Greatwebdev shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Greatwebdev has been advised of the possibility of such damages. Despite the best efforts of Greatwebdev, errors in web page information may occur. At no time will Greatwebdev be held responsible for accidentally including erroneous information, extending beyond correcting the error.
Should Greatwebdev waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Greatwebdev to waive the same clause on any other occasion.
By agreeing to these terms and conditions, your statutory rights are not affected.
Greatwebdev reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the terms and conditions mentioned above.